- 1 - HC-KAR NC: 2026:KHC:316 CRL.P No. 1198 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA CRIMINAL PETITION NO. 1198 OF 2022 BETWEEN: UMMAR FAROOQ, S/O S MOOSABBA AGED ABOUT 37 YEARS R/AT KAMURUL COTTAGE HOUSE, KALYANA PADPU IDYA SURATHKAL MANGALURU TALUK, D K DISTRICT - 575 014 (IN THE CHARGE SHEET HIS NAME IS SHOW AS UMMAR FAROOQ IDYA) …PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MOODABIDRI POLICE STATION D K DISTRICT, REP BY THE S.P.P., HIGH COURT BUILDING BANGALORE - 560 001 2. SRI DINAKARA MERA S/O SONA MERA AGED ABOUT 39 YEARS R/AT DHARMUGE HOUSE THODARU VILLAGE AND POST MANGALURU TALUK, DAKSHINA KANNADA DISTRICT - 575 015 …RESPONDENTS (BY SMT. SOWMYA .R., HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.284/2017 (CR.NO.70/2010) OF Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:316 CRL.P No. 1198 of 2022 MOODABIDRI POLICE STATION FOR THE OFFENCE P/U/S 120B, 307, 511 R/W 34 OF IPC ON THE FILE OF CIVIL JUDGE AND J.M.F.C., MOODABIDRI. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Petitioner being accused No.6 in Cr.No.70/2010 of Moodabidri police station in CC No.284/2017 pending on the file of the learned Civil Judge and JMFC., Moodabidri registered for the offences punishable under Sections 120B, 307, 511 R/w Section 34 of the Indian Penal Code (for short 'the IPC') is seeking to quash the criminal proceedings initiated against him. 2. Heard Sri. Lethif B, learned counsel for the petitioner and Smt. Sowmya R, learned High Court Government Pleader for respondent No.1 - State. Learned counsel for respondent No.2 remained absent despite service of notice. Hence, his argument is taken as nil. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for the petitioner and learned HCGP for respondent No.1, the point that would arise for my consideration is: - 3 - HC-KAR NC: 2026:KHC:316 CRL.P No. 1198 of 2022 "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: REASONS 4. Initially, CW1 lodged the first information with the Moodabidri police station on 02.05.2010 alleging that on the previous day, two unknown persons have made an attempt on his life and therefore, a case under Section 393 of IPC came to be registered against two unknown persons. Investigation was undertaken and the charge sheet came to be filed during 2012 against accused Nos.1 to 10 for the offences punishable under Sections 120B, 307, 511 R/w Section 34 of IPC. The petitioner being accused No.6 is before this Court seeking to quash the criminal proceedings. 5. As per column No.17 of the charge sheet filed by the Investigating Officer, accused Nos.1 to 4 were at the scene of occurrence and they have actively participated in the commission of the offence. - 4 - HC-KAR NC: 2026:KHC:316 CRL.P No. 1198 of 2022 6. Accused Nos.5 and 9 have provided the revolver with 6 live bullets, while accused No.8 has provided a motorcycle. An omnibus allegation is made that accused Nos.1 to 10 have conspired together to cause the death of CW1 and they were having the motive. But there is no specific allegation regarding commission of any overt-act made against the present petitioner. 7. It is brought to the notice of the Court that the trial against accused Nos.2 to 5, 7, 8 and 9 is already held before the Trial Court and they were acquitted. The Trial Court made an observation at paragraph 27 of its judgment that, PWs.1 and 3 have not identified the assailants. There was no recovery at the instance of the accused, who were tried before the Trial Court and the charge against accused Nos.2 to 5, 7, 8 and 9 are not proved by the prosecution. Even though there are specific allegations against these accused, who have tried before the Trial Court, there are no materials to constitute the offence and convict them. 8. The charge sheet discloses that there is no specific overt-act alleged against the present petitioner except saying that he is part of conspiracy with the co-accused. Under such - 5 - HC-KAR NC: 2026:KHC:316 CRL.P No. 1198 of 2022 circumstances, conducting of trial against the petitioner is nothing but a futile exercise. Under these circumstances, the continuation of criminal proceedings is abuse of process of law. 9. In view of the above, I am of the opinion that the criminal proceedings against the petitioner is liable to be quashed. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated in CC No.284/2017 arising out of Cr.No.70/2010 of Moodabidri Police Station, pending on the file of the learned Civil Judge and JMFC., Moodabidri, registered for the offences punishable under Section 120B, 307, 511 R/w Section 34 of IPC, is hereby quashed against the petitioner. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 4